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DOW CHEMICAL COMPANY v. BARGE UM-23B

No. 27330.

424 F.2d 307 (1970)

The DOW CHEMICAL COMPANY, Libelant-Appellee and Cross Appellant, v. The BARGE UM-23B, its tackle, apparel, etc., and the BARGE BC-598, its tackle, apparel, etc., in rem, and Bartlett & Company, Missouri River Barge Lines, Inc., Cargo Carriers, Inc., Upper Mississippi Towing Corporation, and Two Twenty-Eight Terminal Services, Inc., in personam, Respondents-Respondents Impleader-Cross Appellees. CARGO CARRIERS, INC., Respondent-Third Party Plaintiff-Appellant, v. TWO TWENTY-EIGHT TERMINAL SERVICES, INC., and Insurance Company of North America, Third Party Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Fifth Circuit.

April 13, 1970.

Attorney(s) appearing for the Case

Ben W. Lightfoot, Wallace A. Hunter, Baton Rouge, La., for Two Twenty-Eight Terminal Services, Inc.

Tom F. Phillips, Baton Rouge, La., for Cargo Carriers, Inc.

Neal D. Hobson, New Orleans, La., for Dow Chem. Co.

J. Barbee Winston, James H. Roussel, New Orleans, La., for Bartlett & Co., and Missouri River Barge Lines, Inc.

Margot Mazeau, New Orleans, La., for Dorr Towing.

J. Y. Gilmore, Jr., New Orleans, La., for Upper Miss. Towing Corp.

Before RIVES, BELL and DYER, Circuit Judges.

DYER, Circuit Judge:

We are concerned in this appeal with who should bear the cost of Dow Chemical's mooring facility which was replaced after being struck on two separate occasions by breakaway drifting barges. The District Court found the wharfinger, Cargo Carriers, Inc., negligent in connection with the breakaway of Barge BC-598 on March 28, 1964, but further found that an efficient intervening cause of the barge's collision with Dow's dolphin was the negligence...

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